Legal Question in Real Estate Law in Florida

I am the named mortgagee for a home that was co-owned and co-mortgaged with my ex wife. It was presented as an asset in our divorce, however, I have since found out that it was deeded (via warranty deed) over to the life of estate of my ex mother in law some years ago. I don't recall signing the deed and I certainly didn't agree to sign over the property while the mortgage remains in my name. Is it legal for a deed to be signed over to a third party (who does not hold the mortgage) without the knowledge of the mortgage company?


Asked on 8/05/14, 7:21 am

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

The owner of a property can transfer it without notifying the mortgage company. The property is transferred subject to the interests of the mortgage company. Any person who signed the mortgage remains responsible on that contract.

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Answered on 8/05/14, 10:54 am
David Slater David P. Slater, Esq.

Generally no. The mortgage should have a due on transfer clause. Read the mortgage agreement. However, a mere life estate is not a transfer of ownership.

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Answered on 8/05/14, 1:43 pm


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